II 

Calendar No. 302 

112TH CONGRESS 

2D SESSION S. 97 

[Report No. 112–136] 

To amend the Federal Water Pollution Control Act to establish a grant 

program to support the restoration of San Francisco Bay. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. REID (for Mrs. FEINSTEIN (for herself and Mrs. BOXER)) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

JANUARY 26, 2012 

Reported by Mrs. BOXER, with amendment 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San 

Francisco Bay. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘San Francisco Bay 

5 Restoration Act’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 97 RS

1 SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PRO2 GRAM. 

3 Title I of the Federal Water Pollution Control Act 

4 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PRO7 GRAM. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ANNUAL PRIORITY LIST.—The term ‘an10 nual priority list’ means the annual priority list com11 piled under subsection (b). 

12 ‘‘(2) COMPREHENSIVE PLAN.—The term ‘com13 prehensive plan’ means— 

14 ‘‘(A) the comprehensive conservation and 

15 management plan approved under section 320 

16 for the San Francisco Bay estuary; and 

17 ‘‘(B) any amendments to that plan. 

18 ‘‘(3) ESTUARY PARTNERSHIP.—The term ‘Es19 tuary Partnership’ means the San Francisco Estu20 ary Partnership, the entity that is designated as the 

21 management conference under section 320. 

22 ‘‘(b) ANNUAL PRIORITY LIST.— 

23 ‘‘(1) IN GENERAL.—After providing public no24 tice, the Administrator shall annually compile a pri25 ority list identifying and prioritizing the activities, 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 97 RS

1 projects, and studies intended to be funded with the 

2 amounts made available under subsection (c). 

3 ‘‘(2) INCLUSIONS.—The annual priority list 

4 compiled under paragraph (1) shall include— 

5 ‘‘(A) activities, projects, or studies, includ6 ing restoration projects and habitat improve7 ment for fish, waterfowl, and wildlife, that ad8 vance the goals and objectives of the approved 

9 comprehensive plan; 

10 ‘‘(B) information on the activities, projects, 

11 programs, or studies specified under subpara12 graph (A), including a description of— 

13 ‘‘(i) the identities of the financial as14 sistance recipients; and 

15 ‘‘(ii) the communities to be served; 

16 and 

17 ‘‘(C) the criteria and methods established 

18 by the Administrator for selection of activities, 

19 projects, and studies. 

20 ‘‘(3) CONSULTATION.—In developing the pri21 ority list under paragraph (1), the Administrator 

22 shall consult with and consider the recommendations 

23 of— 

24 ‘‘(A) the Estuary Partnership; 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•S 97 RS

1 ‘‘(B) the State of California and affected 

2 local governments in the San Francisco Bay es3 tuary watershed; and 

4 ‘‘(C) any other relevant stakeholder in5 volved with the protection and restoration of 

6 the San Francisco Bay estuary that the Admin7 istrator determines to be appropriate. 

8 ‘‘(c) GRANT PROGRAM.— 

9 ‘‘(1) IN GENERAL.—Pursuant to section 320, 

10 the Administrator may provide funding through co11 operative agreements, grants, or other means to 

12 State and local agencies, special districts, and public 

13 or nonprofit agencies, institutions, and organiza14 tions, including the Estuary Partnership, for activi15 ties, studies, or projects identified on the annual pri16 ority list. 

17 ‘‘(2) MAXIMUM AMOUNT OF GRANTS; NON-FED18 ERAL SHARE.— 

19 ‘‘(A) MAXIMUM AMOUNT OF GRANTS.— 

20 Amounts provided to any individual or entity 

21 under this section for a fiscal year shall not ex22 ceed an amount equal to 75 percent of the total 

23 cost of any eligible activities that are to be car24 ried out using those amounts. 

mstockstill on DSK4VPTVN1PROD with BILLS

5 

•S 97 RS

1 ‘‘(B) NON-FEDERAL SHARE.—The non2 Federal share of the total cost of any eligible 

3 activities that are carried out using amounts 

4 provided under this section shall be— 

5 ‘‘(i) not less than 25 percent; and 

6 ‘‘(ii) provided from non-Federal 

7 sources. 

8 ‘‘(d) FUNDING.— 

9 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to the Ad11 ministrator to carry out this section such sums as 

12 are necessary for each of fiscal years 2012 through 

13 2021. 

14 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Admin16 istrator to carry out this section $5,000,000 for each 

17 of fiscal years 2012 through 2016. 

18 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

19 amount made available to carry out this section for 

20 a fiscal year, the Administrator shall use not more 

21 than 5 percent to pay administrative expenses in22 curred in carrying out this section. 

23 ‘‘(3) RELATIONSHIP TO OTHER FUNDING.— 

24 Nothing in this section limits the eligibility of the 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•S 97 RS

1 Estuary Partnership to receive funding under sec2 tion 320(g). 

3 ‘‘(4) PROHIBITION.—No amounts made avail4 able under subsection (c) may be used for the ad5 ministration of a management conference under sec6 tion 320.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

mstockstill on DSK4VPTVN1PROD with BILLS

Calendar No. 302 

112TH CONGRESS 

2D SESSION S. 97 

[Report No. 112–136] 

A BILL 

To amend the Federal Water Pollution Control Act 

toration of San Francisco Bay. to establish a grant program to support the resJANUARY 26, 2012 

Reported with amendment 

mstockstill on DSK4VPTVN1PROD with BILLS